An offence under Article 261 of the Turkish Penal Code committed by public officials who forcibly dispose of movable or immovable property belonging to others, knowing this to be contrary to the conditions laid down by law.
Unlawful disposition over the property of others is governed by Article 261 of the Turkish Penal Code (Law No. 5237). Under that provision, a public official who, knowing it to be contrary to the conditions laid down in the relevant legislation, forcibly disposes of movable or immovable property belonging to others — even where consideration is paid — is punished with imprisonment from six months to two years, unless the act constitutes an offence carrying a heavier penalty.
The statutory definition covers public officials who, by the conduct described, remove or restrict the rights of others to dispose of their movable or immovable property. The provision also penalises the seizure of property without compliance with the rules on expropriation.
The offence is complementary and subsidiary in nature. If the perpetrator has also committed another offence carrying a heavier penalty, they are punished for that offence; where no heavier penalty applies, they are punished for unlawful disposition over the property of others.
The perpetrator must be a public official. The same conduct by anyone other than a public official does not constitute this offence. A public official is defined as a person who participates in the conduct of public activity, whether by appointment or election or in any other way, on a permanent, fixed-term or temporary basis. Police officers, mayors, court-appointed experts, district governors and village headmen are examples.
A judicial fine is a sanction that may be applied together with, or instead of, a prison sentence. Where the sentence imposed for this offence is one year or less, it may be converted into a judicial fine.
Deferral of the announcement of the verdict (HAGB) is a procedural mechanism under which the sentence imposed produces no effect during a supervision period and, if the conditions are met within that period, is set aside entirely, resulting in dismissal of the case. Because the sentence for this offence is two years or less, a deferral decision is possible.
Suspension is the conditional decision not to enforce the sentence in prison. Because the sentence for this offence is two years or less, suspension is also possible.
This offence is not among those requiring a complaint, so it is investigated of the prosecutor’s own motion. As no complaint is required, the six-month complaint period does not apply, and withdrawal of a complaint does not cause the public prosecution to be dismissed. The limitation period for prosecution is eight years. The offence may be investigated at any time within that period; once it expires, no investigation may be conducted.
Mediation is a process in which the accused and the victim reach agreement through a mediator. This offence is not subject to mediation. The competent court is the Criminal Court of First Instance (Asliye Ceza Mahkemesi).
Frequently Asked Questions
It is an offence under Article 261 of the Turkish Penal Code committed by a public official who, knowing it to be contrary to law, forcibly disposes of movable or immovable property belonging to another, even where consideration is paid. The penalty is imprisonment from six months to two years.
No. It is investigated of the prosecutor’s own motion, so no complaint period applies and withdrawal of a complaint does not end the prosecution. The limitation period is eight years.
The Criminal Court of First Instance (Asliye Ceza Mahkemesi) is competent. The offence is not subject to mediation.
The information on this page is general in nature and does not constitute legal advice. Please contact our office for an assessment of your specific matter.
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